HomeMy WebLinkAbout2016-09-21; Planning Commission; ; ZCA 16-02/LCPA 16-01 DENSITY BONUS AMENDMENTThe City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: September 21, 2016
ltemNo. Q
Application complete date: N/A
Project Planner: Carl Stiehl
Project Engineer: N/A
SUBJECT: ZCA 16-02/LCPA 16-01 DENSITY BONUS AMENDMENT-A request for recommendation
of approval of a Zoning Ordinance Amendment and Local Coastal Program Amendment
to amend the city's Zoning Ordinance to make the city's regulation of density bonuses
consistent with state law.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7198 RECOMMENDING
APPROVAL of ZCA 16-02 and LCPA 16-01 based on the findings contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
This project is a city-initiated Zoning Ordinance Amendment and Local Coastal Program Amendment
consisting of amendments to the text ofthe Zoning Ordinance. With regard to the Local Coastal Program
(LCP), the Zoning Ordinance is the LCP implementing ordinance; therefore an LCP amendment is
necessary. However, no portion ofthe LCP land use plan document is proposed to be amended.
Since the city last updated its density bonus ordinance in 2015, the governor signed into law California
State Legislative Assembly Bill 744 (Chau) related to parking ratios in density bonus law. The purpose of
AB 744 was to align local land use decisions more closely with the goals of AB 32 and SB 375 (to reduce
greenhouse gas emissions) by reducing the parking required for projects that are close to transit and serve
individuals who have fewer cars. In many cases existing parking requirements are based on low-density
and single-purpose land use designations. Parking is costly to build and maintain and can increase the
cost of projects in existing development areas. The purpose of the proposed amendments to the city's
Zoning Ordinance and LCP is to ensure the city's density bonus regulations are consistent with recent
changes to state law.
Ill. ANALYSIS
The proposed amendments to the Zoning Ordinance are provided in strikethrough/underline format
(Attachment 2) and are summarized and analyzed as follows:
A. Summary and Analysis of Changes to Maintain Consistency with Assembly Bill 744 {Chau):
Assembly Bill744 requires the following parking ratios for residential projects that request a density bonus
per the city's density bonus ordinance:
ZCA 16-02/LCPA 16-01-DENSITY BONUS REGULATIONS
September 21, 2016
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1. If a development includes the maximum percentage of low or very low income units and is located
within one-half mile of a major transit stop (as defined in state law) then upon request the city
shall not impose a parking ratio of more than 0.5 parking spaces per bedroom.
2. If a development consists solely of rental units to lower income families, then upon request, the
city shall not impose the following parking ratios summarized:
a. If located within one-half mile of a major transit stop the ratio shall not exceed 0.5 spaces
per unit.
b. If the development is for-rent housing for seniors who are 62 years of age or older, and is
served by paratransit or transit (as specified) then the ratio shall not exceed 0.5 spaces
per unit.
c. If the development is a special needs housing development, and is served by paratransit
or transit (as specified) then the ratio shall not exceed 0.3 spaces per unit.
3. lfthe city or an independent consultant has conducted a parking study in the last seven years,
then the city may impose a higher parking ratio not to exceed the standard density bonus
parking ratios if substantial evidence is found in the parking study related to availability,
transit access, walkability, shared parking and other factors.
The proposed amendments are consistent with the General Plan and directly implement General Plan
Housing Element Program 3.3, which requires the city to ensure consistency with state density bonus law.
The amendments are also consistent with the Mobility Element Goai3-G.4 to "manage parking to support
all modes of transportation and ensure efficient use of land."
IV. ENVIRONMENTAL REVIEW
The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(8},
which exempts projects "where it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment." The changes to the Zoning Ordinance
proposed by this project are to implement state density bonus law parking development standards
adopted by the state legislature that were effective in state law at the beginning of 2016. A development
project may already invoke the reduced parking standards in the law; the city is merely revising the
standards in our Zoning Ordinance to be consistent with the updated state law. The proposed changes
are not substantial as they implement state law development standards which may already be applied to
projects; therefore, the project will not result in a significant effect on the environment and is not subject
to CEQA. A Notice of Exemption will be filed.
ATIACHMENTS:
1. Planning Commission Resolution No. 7198
2. Proposed Text Changes to the Zoning Ordinance (Title 21) Shown in Strikethrough/Underline Format
DENSITY BONUS AMENDMENT
ZCA 16-02/LCPA 16-01
Attachment 2
PROPOSED TEXT CHANGES TO THE ZONING ORDINANCE (TITLE 21)
SHOWN IN STRIKETHROUGH/UNDERLINE FORMAT
AMENDMENTS TO CHAPTER 21.86
RESIDENTIAL DENSITY BONUS AND INCENTIVES OR CONCESSIONS
Section 21.86.090 I
21.86.090 Density bonus housing standards.
A. Required target dwelling units shall be constructed concurrent with market-rate dwelling
units unless both the final decision-making authority of the city and the developer/applicant
agree within the density bonus housing agreement to an alternative schedule for
development.
B. Whenever feasible, target dwelling units and density bonus dwelling units should be built
on-site (within the boundary of the proposed development) and, whenever reasonably
possible, be distributed throughout the project site.
C. Whenever feasible, target dwelling units should be located on sites that are in proximity
to, or will provide access to, employment opportunities, urban services, or major roads or
other transportation and commuter rail facilities (i.e., freeways, bus lines) and that are
compatible with adjacent land uses.
D. Whenever feasible, target dwelling units should vary in size and number of bedrooms, in
response to affordable housing demand priorities of the city.
E. Density bonus projects shall comply with all applicable development standards, except
those which may be modified as an incentive or concession , or as otherwise provided for
in this chapter. In addition, all units must conform to the requirements of the applicable
building and housing codes. The design of the target dwelling units shall be reasonably
consistent or compatible with the design of the total project development in terms of
appearance, materials and finished quality.
F. No building permit shall be issued, nor any development approval granted, for a
development which does not meet the requirements of this chapter. No target dwelling
unit shall be rented or sold except in accordance with this chapter.
G. Upon the request of the applicant, the parking ratio (inclusive of handicap and guest
parking) for a housing development that conforms to the requirements of
Section 21 .86.040(A) of this chapter shall not exceed the ratios specified in Table E or as
noted, below. If the applicant does not request the parking ratios specified in Table Ethis
section or the project does not conform to the requirements of Section 21 .86.040(A) of this
chapter, the parking standards specified in Chapter 21.44 of this code shall apply.
1. If a development includes the maximum percentage of low-or very low income
units provided for in Section 21 .86.040(A) and is located within one-half mile of a
DENSITY BONUS REGULATIONS (ZCA 16-02/LCPA 16-01)
PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE
major transit stop, as defined in the state Public Resources Code (subdivision (b)
of Section 21155), and there is unobstructed access to the major transit stop from
the development, then, upon the request of the developer, the city shall not impose
a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds
0.5 spaces per bedroom. For purposes of this subsection, a development shall
have unobstructed access to a major transit stop if a resident is able to access the
major transit stop without encountering natural or constructed impediments.
2. If a development consists solely of rental units, exclusive of a manager's unit or
units, with an affordable housing cost to lower income families, as provided in state
Health and Safety Code (section 50052.5), then, upon the request of the
developer, the city shall not impose a vehicular parking ratio , inclusive of
handicapped and guest parking, that exceeds the following ratios:
a. If the development is located within one-half mile of a major transit stop, as
defined in state Public Resources Code (subdivision (b) of sSection
21155), and there is unobstructed access to the major transit stop from the
development, the ratio shall not exceed 0.5 spaces per unit.
b. If the development is a for-rent housing development for individuals who
are 62 years of age or older that complies with state Civil Code (sections
51.2 and 51.3), the ratio shall not exceed 0.5 spaces per unit. The
development shall have either paratransit service or unobstructed access,
within one-half mile, to fixed bus route service that operates at least eight
times per day.
c. If the development is a special needs housing development, as defined in
state Health and Safety Code (section 51312), the ratio shall not exceed
0.3 spaces per unit. The development shall have either paratransit service
or unobstructed access, within one-half mile, to fixed bus route service that
operates at least eight times per day.
-1-3:-. If the total number of parking spaces required for a development is other than a
whole number, the number shall be rounded ~down to the next whole number.
24.-. For purposes of this section, a housing development may provide "on-site" parking
through tandem parking or uncovered parking , but not through on-street parking.
JS,.. The applicant may request parking incentives or concessions beyond those
provided in this section , subject to the findings specified in Section 21 .86.050(A)(2) of this
chapter.
6. Notwithstanding subsections G.1 and G.2 of this section, if the city or an
independent consultant has conducted an area-wide or jurisdiction-wide parking study in
the last seven years, then the city may impose a higher vehicular parking ratio not to
exceed the ratio described in Table E, based upon substantial evidence found in the
parking study, that includes, but is not limited to, an analysis of parking availability, differing
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DENSITY BONUS REGULATIONS (ZCA 16-02/LCPA 16-01)
PROPOSED TEXT CHANGES TO CARLSBAD MUNICIPAL CODE
levels of transit access, walkability access to transit services, the potential for shared
parking, the effect of parking requirements on the cost of market-rate and subsidized
developments, and the lower rates of car ownership for low-and very low income
individuals, including seniors and special needs individuals. The city shall pay the costs of
any new study. The city shall make findings, based on a parking study completed in
conformity with this paragraph, supporting the need for the higher parking ratio.
Table E
Parking Ratio for Housing Developments
Dwelling Unit Size On-Site Parking Ratio
0-1 bedrooms 1 space per unit
2-3 bedrooms 2 spaces per unit
4 or more bedrooms 2.5 spaces per unit
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